Circular 22/2013/tt-Bgtvt: Regulations On Maintenance Work Orders

Original Language Title: Thông tư 22/2013/TT-BGTVT: Quy định về bảo trì công trình hàng không dân dụng

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The CIRCULAR regulates maintenance works of civil aviation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base law of Vietnam civil aviation on June 29, 2006;
Pursuant to the law building on November 26, 2003;
Pursuant to Decree No. 107/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of transportation;
Pursuant to Decree No. 83/2007/ND-CP dated 25 May 2007 from the Government on the management of mining, airports, airports;
Pursuant to Decree No. 114/2010/ND-CP on January 6, 2011 by the Government on the maintenance of construction works;
Pursuant to Decree No. 15/2013/ND-CP of June 2 in 2013 of the Government on the management of the quality of construction works;
Pursuant to Decree No. 12/2009/ND-CP on December 2, 2009 by the Government on the management of construction works and Decree No. 83/2009/ND-CP on October 15, 2009 on amending some articles of Decree No. 12/2009/ND-CP dated February 12, 2009 on the management of government investment project construction;
Pursuant to Decree No. 112/2009/ND-CP on December 14, 2009 by the Government on the management of the cost of construction works.
Proposal of the Director of the transportation infrastructure and the Vietnam aviation Chief, the Minister of transport issued the regulations on maintenance works of civil aviation.
Article 1. Scope this circular regulates aviation works maintenance service for civil aviation operations (hereinafter referred to as the aviation works) on the territory of Vietnam.
Article 2. The object that applies to this circular apply to organizations and individuals in the country and abroad related to the management and maintenance of aviation works in all forms of property on the territory of Vietnam.
Article 3. Explanation of terms 1. The work is the work of service for aviation activities according to the provisions of the law on Civil Aviation, including: a) the works of infrastructure in airports, airports;
b) works to provide air services at airports, airports;
c) works to provide services for operational flying.
2. maintenance works as predefined jobs to ensure and maintain the works in normal mining State, according to the safety regulations of the design during the extraction process used.
The content of the maintenance works may include one, some or all of the following work: testing, monitoring, quality control, maintenance and repair works.
3. Maintenance works is specified on time, sequence, procedure and instructions to perform the maintenance works.
4. check the process of regular inspection work is aimed at identifying, timely detect such incidents, the failure affects the status of normal exploitation, safety of works.
5. Quality control for the work is the work test, reviews in order to determine the status, standard quality, technical standards apply for the design work.
6. Observation of the work is the observations, measurement of technical parameters of the construction according to the request of the design works in the extraction process, using works.
7. Maintenance works is the tracking operation, care, repair of minor damage, maintenance of equipment installed in the works; are conducted regularly, periodically to maintain the work in the extraction status normal, safe and limit the damage to buildings.
8. Repair works is the overcoming of Division damaged parts or structures, construction equipment can affect the safety harness works to put works on normal exploitation status, safety of works; including periodic repair and repair.
a) periodic repairs are repairs to be done periodically in accordance with the maintenance or when aviation works manifest degradation in quality, does not guarantee safety for the exploitation, use of works.
b) unscheduled repairs made immediately after detecting the problem, the failure to ensure safe exploitation of works.
9. The longevity design works is the time of extraction, use of works by the design calculation in the design process works.   
10. Works out the design lifetime aviation works had time extraction, use greater than the lifespan of the design works are determined in accordance with the profile design.
11. Works or parts of works have manifested the quality degradation is the process appears damaged or does not maintain eligible harness according to the standards, related technical regulation.
12. Works or parts of works does not guarantee safety for the exploitation, use of the work, the dangerous buildings Division, in danger of collapsing or cracked, sagging, sinking the pouring, rolling to the limit values or the exploitation safety menace according to standards, related technical regulation.
Article 4. Asked about the airline works maintenance 1. All aviation work when put into exploitation, use must be maintenance management organization.
2. maintenance of aviation works must be done according to the content, maintenance, technical standards, technical standards, technical-economic norms and provisions of relevant laws.
3. The maintenance of aviation works must be done according to established plans, appraisal, approval under the provisions of this circular and the provisions of relevant laws.
Article 5. The document serves the aviation works maintenance 1. The document serves the maintenance of aviation works include: a complete record of public works);
b) document exploitation works;
c) as the process of the operation and exploitation of the work; installation of equipment in the history of works;
d) maintenance works;
DD) technical standards, technical standards on maintenance works; technical-economic norms of maintenance works;
e) profile, material testing, monitoring, quality control, maintenance and repair works;
g) records, other necessary documents serve for maintenance works.
2. Records, documents the work of aviation works maintenance must be kept timely additions and changes of the work.
Article 6. Content maintenance aviation works 1. Content maintenance aviation work included the following work: a) check the airline works: as specified in the document exploitation works;
b) observation of aviation works: according to the profile of design works;
c) maintenance of aviation works: maintenance works regularly, as prescribed in the document exploitation works;
d) quality control of aviation works: when quality works has trouble damaged and degraded in quality or need to evaluate the quality of the current state of the work;
DD) repair of aviation works: periodic repair, unscheduled repairs.
2. The maintenance of aviation work prescribed in clause 1 of this article follow the approved maintenance procedures according to regulations.
Article 7. The responsibilities of the organizations and individuals in the work of aviation works maintenance 1. Responsible for maintenance of aeronautical constructions have a owner: a) for construction of State-owned Aeronautics: organizations, individual State Affairs or lease management, extraction, using the work of responsible aviation maintenance works;
b) for aviation investment works in the form of BOT (build-transfer), BTO (build-transfer-business): the project business (investors) is responsible for maintenance of public works during the exploitation of BOT, BTO contract; most of the time, the Organization, individuals are receiving communication management, extraction, using works from the investor is responsible for continued maintenance works;
c) for aviation works owned by others, the owner of the work is responsible for maintenance works, the individual or organization be managed rental owners, exploit, use the Works Portfolio does not have responsibility for maintenance works.
2. Responsible for maintenance of aeronautical constructions had many owners: owners of private buildings are responsible for the upkeep of their own and are responsible for maintenance of public buildings or property held, owner of the personal management rental exploitation, using the work of aviation are responsible for maintenance works. The responsibilities of the General property maintenance works done according to the provisions of the relevant laws or by the owner of the work or the person who is the owner of the rental management, extraction, using specific agreements work in writing.
3. when the owner for organisations, individuals or authorized rental management, exploitation, use of the content not found agreement on the responsibility of maintenance works in the lease or in writing.
4. Who is responsible for maintenance of aviation work prescribed in clause 1 and clause 2 of this Thing has the responsibility of ensuring the funds perform maintenance works.
Article 8. Maintenance works in aviation are responsible for maintenance of aeronautical structures are responsible for requesting the contractor to design, construction contractors equipment supply and installation in buildings or other counseling organizations hire eligible capacity building activities under the provisions of the law establishing the maintenance process and work organization of evaluation and approval of maintenance aviation works as defined in article 6, 7 and 8 of Decree No. 114/2010/ND-CP on January 6, 2011 by the Government on construction and maintenance of the rule of law majors are not relevant.
Article 9. Planned maintenance works of aviation 1. Content maintenance plan aviation works include: a) the name, works projects;
b) duration;
c) implementation modalities;
d) estimation of funding;
capital source implementation).

2. The person in charge of maintenance works is responsible for aviation, the approval and implementation of the plan of maintenance works in the annual aviation; test, quality control works (if any), the observation of works and made unscheduled repairs variant works under the provisions of this circular.
3. Who is responsible for maintenance of aeronautical structures is responsible for building maintenance plan annual works the Vietnam aviation review approval. Records maintenance plan approval process works annual is sent directly or via post on the Vietnam Aviation (1 record) before 15 November each year.
4. Record the approval of planned maintenance works of the annual air show include the following documents: a) text recommended approval of planned maintenance;
b) planned maintenance works under the aviation model No. 1 Appendix 2 of this circular.
Vietnam aviation receiver, check the validity of the record as defined in this clause and issue a receipt records, appointment date results (if the profile directly). Case records are not yet fit, the latest 3 working days from the date of receipt, the Vietnam aviation has complete instructions text file.
5. During 10 days from the date of application specified in paragraph 3 of this Article, the Vietnam Civil Aviation Administration is responsible for appraising, approving plans to maintain annual works; case of non-approval must have text stating the reason.
6. The adjustment, maintenance plans additional annual works due to the Vietnam aviation is responsible for the evaluation, approval, additional adjustments to the plan.
7. When approved or planned maintenance adjustment of aviation works as defined in clause 5 and clause 6 of this Vietnam aviation, Ministry of transport of the text approved and planned maintenance works to manage, inspect, supervise the implementation of maintenance aviation works as specified.
Article 10. Requirements for the establishment and approval of the planned maintenance of aviation works 1. Planned maintenance work order not based on synthesis and evaluation of metrics, reports, proposals from the base unit, reflecting the actual requirements and the current state of aviation works, in accordance with the maintenance works according to job content maintenance, repair works.
a) for maintenance works:-based on the timing of bringing aviation works on extraction, use and fact extraction works, to enhance maintenance in order to prevent and correct promptly the small damage of structural parts of works, equipment to improve the quality of service exploitation problem occurs the next breakdown, damage and ensure longevity.
-Cost estimation is determined fit to content maintenance and unit price, estimate in accordance with norms, applicable unit price. The case of the norm, the unit price or was there but not yet fit, steer Vietnam aviation related organizations established norms, new unit price, the Ministry of transportation or the approval authority.
b) for repair work:-based on the prescribed time limit and on the basis of the results of the auditing, assessment work status (if any) on the State of degradation of the parts, structures and damaged degradation in many parts of works to establish and propose solutions for repair or replacement to restore the original quality of the works and ensure the normal work, the safety of works.
-Order made according to the regulations on the management of construction works and the other provisions of the relevant laws.
-Managing the investment costs of building works done according to the current rules.
2. Content of the planned maintenance works of aviation established by model No. 1 Appendix 2 of this circular.
Article 11. Requirements and the list of works or parts of works required monitoring 1. For the aviation work prescribed in Appendix 1 of this circular, in the design process, the contractor building design must prescribe the categories of compulsory work placement, monitoring, monitoring time and the same approval authority of project design.
Design profile case of compulsory observation of works were lost or not monitoring the rules on who is responsible for maintenance of public works to implement the identification of the category of compulsory work placement, observation, observation time; the Vietnam aviation review, approval.
2. The works or parts of works required when monitoring the swine signals down the level of quality they must organize the observation before the time limit prescribed.
3. General requirements for the work of the observation process: a) must perform monitoring under the monitoring scheme by the monitoring contractor who was responsible for setting up and maintenance works; monitoring approach to regulations on measurement methods, measurement equipment, layout and construction milestones, implementation plans to ensure the safety of mining operations, the measured data processing method and the other necessary content;
b) monitoring regulations include: the location of the observation; monitoring parameters and limit values of this parameter (for example, italic, subsidence, cracks, sagging ...); observation time; the number of measurement cycles and the necessary content;
c) contractors must set up monitoring and reporting to the Manager, the exploit works on the monitoring results, in which the monitoring data must be evaluated in comparison with the limited value due to the contractor construction design rules, standards, technical standards applicable to the work;
Case monitoring data reaches the limit values defined in point b of this clause or other unusual signs, the person in charge of maintenance to safety assessment organization works, safety harness use and take measures promptly;
d) organizations, individuals perform the observation must be qualified construction activity capacity equivalent to the condition that the capacity of the Organization, individuals perform building survey or inspection of the quality of construction works.
Article 12. Handle aviation works out longevity design 1. Based on the design profile and company results, considering the Vietnam aviation license, putting the work into exploitation, using specified extraction time right, use the works according to the longevity of the design process.
Design profile case of lost works or not specified lifespan, the person in charge of maintenance works must be conducted to determine the lifespan of buildings according to design standards, technical standards applicable to the work or based on longevity was determined by similar works of the same kind and level; the Vietnam aviation review, approval.
2. Before the airline works out the design lifespan, the person in charge of maintenance works must inspect, test, evaluate the quality of the current state of the process. Profile reviews the quality of works include: a) profile of the Organization and the individual consultants perform the inspection, testing, evaluate the quality of the current state of the work;
b) auditing organization's report on the test results, testing and reviews the current state of quality of works; requirements and options for repair works;
c) maintenance of aeronautical constructions was approved.
3. At the latest 90 days prior to the end of its design life time of aviation works, the person in charge of maintenance works is responsible for the Vietnam aviation review, decides to treat works as follows: a) continues use of works or use restrictions part works;
b) switch the use, repair works;
c) stop using completely works.
4. The person in charge of maintenance works Posted 01 record directly or through the mail about the Vietnam aviation proposal treats most aviation works designed lifespan, include the following documents: a) the text proposed under model number 03 Appendix 2 of this circular;
b) results reviews quality works;
c) option of repair works in the case of recommended option specified in point a and point b paragraph 3 of this article.
Vietnam aviation receiver, check the validity of the record as defined in this clause and issue a receipt records, appointment date results (if the profile directly). Case records are not yet fit, the latest 3 working days from receipt, the Vietnam aviation has complete instructions text file.
5. within 30 days from the date of application specified in clause 4 of this Article, the Vietnam Civil Aviation Administration is responsible for the evaluation and approval process works and send the text for approval to the proposal at the same time report the Ministry of transportation. Case of non-approval process must respond to the proposal in writing and stating the reason.
In case of need, the Vietnam aviation Gospel organization investigates the work of quality control for the work before the approval process.
Article 13. Handle for the works or parts of works of aviation does not guarantee safety for the exploitation, use 1. When the detection works, Department of aviation works manifest degradation in quality or does not guarantee safety for the exploitation, use, who are responsible for maintenance of public works is responsible for: a) check the process or quality control works;
b) decided to implement safety measures including limiting the use of works, move and load property, conduct unscheduled repairs immediately or stop using the exploit works;
c) plan to repair the approval authority as prescribed in article 9 of this circular and implementation.
2. Vietnam Aviation Bureau is responsible for: a) inspect, assess the level of danger, asked to make the repair, stop or pause the exploitation of works under the provisions; the Department of transportation report;

b) decide the application of safety measures for the construction and transportation Ministry report results;
c) handle the responsibilities of the owner, who is responsible for maintenance works, the Organization, the individual worker concerned.
3. The organizations and individuals that operate civil aviation has the right to inform the State administration bodies, who are responsible for maintenance works when detecting the problem works or parts of works of aviation does not guarantee safety for the exploitation, use to process in a timely manner.
Article 14. Check, report the implementation of aviation works maintenance 1. Vietnam aviation hosted, in cooperation with relevant agencies, construction organization issued an annual inspection plan, unscheduled maintenance woes of works; General, periodic, unscheduled reports to the Ministry of transportation (quarterly before last month's 22 per quarter; every year before the December 25 annually).
2. Contents check the implementation of maintenance aviation works include: a) the preparation and approval process maintenance of aviation works as prescribed;
b) complying with the prescribed maintenance work of the owner or the person who is the owner of the rental management, extraction, use of works under the prescribed test mode;
c) reporting done maintenance work of the owner or a person authorized by the regulations;
d) the implementation of the provisions of articles 10, 11 and 12 of this circular in the case of works required to observation, works out the design lifetime; handle for the works or parts of works of aviation does not guarantee safety for the exploitation, use;
DD) other content related to perform planned maintenance works of aviation as prescribed by law or by the Ministry of transportation.
3. the test report the content to perform maintenance of aviation work prescribed in clause 2 of this Thing is stated to be the full name of the works, projects implementation; the volume and cost of implementation; time to complete; the tuning, arise over plans to be delivered; reviews the results of (according to the approved plan); suggestions and recommendations during the maintenance work (report forms under model number 02 Appendix 2 of this circular).
Article 15. Quality management work of maintenance works and owners, who are responsible for maintenance of aeronautical structures responsible for implementation of the quality management work of maintenance works under the provisions of Decree No. 15/2013/ND-CP of June 2 in 2013 of the Government on the management of the quality of construction works , Decree No. 12/2009/ND-CP on December 2, 2009 by the Government on the management of construction investment, Decree No. 83/2009/ND-CP on October 15, 2009 on amendments and supplements to some articles of Decree No. 12/2009/ND-CP on December 2, 2009 on the management of government investment project construction , Decree No. 114/2010/ND-CP on January 6, 2011 by the Government on building construction and maintenance provisions of relevant laws.
Article 16. Payment management, settlement maintenance costs of aviation works 1. The determination of the cost of maintenance of aviation works under the guidance of the Ministry of construction, Ministry of finance and the provisions of relevant laws.
2. The management, use, billing, settlement funding maintenance of aviation works made under the provisions of the State budget Law, Decree No. 114/2010/ND-CP on January 6, 2011 by the Government on building maintenance, Decree No. 112/2009/ND-CP on December 14, 2009 by the Government on the management of the cost of construction and investment regulations of the relevant legislation.
Article 17. Effect 1. This circular is effective from November 1, 2013.
2. Attached to this circular 2 Appendix to use in managing the maintenance works.
Article 18. Implementation 1. Office of the Chief Justice, the Chief Justice Inspector, Director of the Service, Vietnam Airlines Director General, heads of agencies, units and individual organization concerned is responsible for the implementation of this circular.
2. During the implementation process if there are obstacles, suggest that the agencies, organizations, personal reflections in time to the Ministry of transport to consider, resolve.